Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Third party joinder

Legal area

Court

27 Jan 2020

PELABUHAN TANJUNG PELEPAS 1. MAHKAMAH PERUSAHAAN MALAYSIA 2.NORISAM BIN YUNOS

Citation

JA-25-27-04/2019 (Mahkamah Tinggi)
Court

High Court
Case number

JA-25-27-04/2019 (Mahkamah Tinggi)

Application to amend was dismissed because the proposed amendments related to a period outside the pleaded claim, introduced a known third party that would change the character of the suit, were made at a very late stage after many case managements without cogent explanation or demonstrated prospect of success, and would prejudice the Plaintiff and disrupt case management such that costs alone would be inadequate remedy.
13 Jan 2020

TENAGA NASIONAL BERHAD ICE MAN SDN BHD

Citation

JA22-NCVC-38-03/2018 (Mahkamah Tinggi)
Court

High Court
Case number

JA22-NCVC-38-03/2018 (Mahkamah Tinggi)

Application to amend was dismissed because the proposed amendments post‑dated the period of the pleaded claim and did not answer the core allegation of meter tampering (2010–2012); the amendment introduced a third party and would change the character of the suit, was made at a very late stage without adequate explanation or bona fide justification, and would cause prejudice and disrupt case management; costs to follow in the cause.